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Tuesday, February 14, 2012

State v. Kevin Jerome Hudson (066660; A-64-10)

 State v. Kevin Jerome Hudson (066660; A-64-10)           [This is a companion case to State v. Sally A.           McDonald, also decided today.] 
          In this case in which an indictment was severed,           resulting in two trials and two sentencing           proceedings, and the first sentencing court imposed an           extended-term prison sentence, it was error for the           second court also to impose an extend-term sentence.           The time and sequence of the offenses and sentencings           brought the defendant squarely under N.J.S.A. 2C:44-           5(b)(1)’s proscription against multiple extended-term           sentences. 2-6-12